Bill Text: NY S06153 | 2021-2022 | General Assembly | Introduced
Bill Title: Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S06153 Detail]
Download: New_York-2021-S06153-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6153 2021-2022 Regular Sessions IN SENATE April 12, 2021 ___________ Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to ensuring repeat offenders qualify for bail and pre-trial detention The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (s) and (t) of subdi- 2 vision 4 of section 510.10 of the criminal procedure law, the opening 3 paragraph as amended and paragraphs (s) and (t) as added by section 2 of 4 part UU of chapter 56 of the laws of 2020, are amended and a new para- 5 graph (u) is added to read as follows: 6 Where the principal stands charged with a qualifying offense, the 7 court, unless otherwise prohibited by law, may in its discretion release 8 the principal pending trial on the principal's own recognizance or under 9 non-monetary conditions, fix bail, or, where the defendant is charged 10 with a qualifying offense [which is a felony], the court may commit the 11 principal to the custody of the sheriff. A principal stands charged with 12 a qualifying offense for the purposes of this subdivision when he or she 13 stands charged with: 14 (s) a felony, where the defendant qualifies for sentencing on such 15 charge as a persistent felony offender pursuant to section 70.10 of the 16 penal law; [or] 17 (t) any felony or class A misdemeanor involving harm to an identifi- 18 able person or property, where such charge arose from conduct occurring 19 while the defendant was released on his or her own recognizance or 20 released under conditions for a separate felony or class A misdemeanor 21 involving harm to an identifiable person or property, provided, however, 22 that the prosecutor must show reasonable cause to believe that the 23 defendant committed the instant crime and any underlying crime. For the 24 purposes of this subparagraph, any of the underlying crimes need not be 25 a qualifying offense as defined in this subdivision[.]; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10639-01-1S. 6153 2 1 (u) a misdemeanor or felony offense and the principal has been 2 convicted of one or more misdemeanor or felony offenses within the imme- 3 diate preceding five years. 4 § 2. The opening paragraph and subparagraphs (xix) and (xx) of para- 5 graph (b) of subdivision 1 of section 530.20 of the criminal procedure 6 law, as amended by section 3 of part UU of chapter 56 of the laws of 7 2020, are amended and a new subparagraph (xxi) is added to read as 8 follows: 9 Where the principal stands charged with a qualifying offense, the 10 court, unless otherwise prohibited by law, may in its discretion release 11 the principal pending trial on the principal's own recognizance or under 12 non-monetary conditions, fix bail, or, where the defendant is charged 13 with a qualifying offense [which is a felony], the court may commit the 14 principal to the custody of the sheriff. The court shall explain its 15 choice of release, release with conditions, bail or remand on the record 16 or in writing. A principal stands charged with a qualifying offense when 17 he or she stands charged with: 18 (xix) a felony, where the defendant qualifies for sentencing on such 19 charge as a persistent felony offender pursuant to section 70.10 of the 20 penal law; [or] 21 (xx) any felony or class A misdemeanor involving harm to an identifi- 22 able person or property, where such charge arose from conduct occurring 23 while the defendant was released on his or her own recognizance or 24 released under conditions for a separate felony or class A misdemeanor 25 involving harm to an identifiable person or property, provided, however, 26 that the prosecutor must show reasonable cause to believe that the 27 defendant committed the instant crime and any underlying crime. For the 28 purposes of this subparagraph, any of the underlying crimes need not be 29 a qualifying offense as defined in this subdivision[.]; or 30 (xxi) a misdemeanor or felony offense and the principal has been 31 convicted of one or more misdemeanor or felony offenses within the imme- 32 diate preceding five years. 33 § 3. The opening paragraph and paragraphs (s) and (t) of subdivision 4 34 of section 530.40 of the criminal procedure law, the opening paragraph 35 as amended and paragraphs (s) and (t) as added by section 4 of part UU 36 of chapter 56 of the laws of 2020, are amended and a new paragraph (u) 37 is added to read as follows: 38 Where the principal stands charged with a qualifying offense, the 39 court, unless otherwise prohibited by law, may in its discretion release 40 the principal pending trial on the principal's own recognizance or under 41 non-monetary conditions, fix bail, or, where the defendant is charged 42 with a qualifying offense [which is a felony], the court may commit the 43 principal to the custody of the sheriff. The court shall explain its 44 choice of release, release with conditions, bail or remand on the record 45 or in writing. A principal stands charged with a qualifying offense for 46 the purposes of this subdivision when he or she stands charged with: 47 (s) a felony, where the defendant qualifies for sentencing on such 48 charge as a persistent felony offender pursuant to section 70.10 of the 49 penal law; [or] 50 (t) any felony or class A misdemeanor involving harm to an identifi- 51 able person or property, where such charge arose from conduct occurring 52 while the defendant was released on his or her own recognizance or 53 released under conditions for a separate felony or class A misdemeanor 54 involving harm to an identifiable person or property, provided, however, 55 that the prosecutor must show reasonable cause to believe that the 56 defendant committed the instant crime and any underlying crime. For theS. 6153 3 1 purposes of this subparagraph, any of the underlying crimes need not be 2 a qualifying offense as defined in this subdivision[.]; or 3 (u) a misdemeanor or felony offense and the principal has been 4 convicted of one or more misdemeanor or felony offenses within the imme- 5 diate preceding five years. 6 § 4. This act shall take effect January 1, 2022.
